The Software Reseller Agreement is essential for businesses engaging in software distribution within Belgium and the EU market. This agreement type is specifically designed for situations where a software owner wishes to expand their distribution network through authorized resellers, establishing clear parameters for the commercial relationship. The document comprehensively covers critical aspects including licensing rights, territorial restrictions, pricing models, support obligations, and compliance requirements under Belgian law. It's particularly important in ensuring GDPR compliance, protecting intellectual property rights, and establishing clear commercial terms. The agreement is structured to accommodate both traditional software licensing and modern cloud-based distribution models, making it adaptable to various business models while maintaining compliance with Belgian and EU regulatory frameworks.
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1. Parties: Identification and details of the software supplier and reseller
2. Background: Context of the agreement and business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Scope of reseller appointment and geographical territory
5. License Grant: Terms of software license and sublicensing rights to end users
6. Reseller Obligations: Core responsibilities and commitments of the reseller
7. Supplier Obligations: Core responsibilities and commitments of the software supplier
8. Intellectual Property Rights: Protection and ownership of IP rights
9. Financial Terms: Pricing, payment terms, and commission structure
10. Data Protection: GDPR compliance and data handling requirements
11. Confidentiality: Protection of confidential information
12. Term and Termination: Duration and termination provisions
13. Post-Termination: Rights and obligations after agreement ends
14. Liability and Indemnification: Limitation of liability and indemnification provisions
15. General Provisions: Standard legal clauses including governing law, notices, etc.
1. Marketing and Promotion: Specific requirements for marketing activities and brand usage - include when reseller has marketing responsibilities
2. Service Level Requirements: Technical support and service standards - include when reseller provides technical support
3. Training Requirements: Staff training obligations - include when specific certification is required
4. Insurance: Insurance requirements - include for high-value or high-risk distributions
5. Non-Competition: Competitive restrictions - include when exclusivity is granted
6. Minimum Purchase Requirements: Sales targets and minimum commitments - include for volume-based relationships
7. Source Code Escrow: Source code protection provisions - include for critical software implementations
8. Professional Services: Additional service provisions - include when reseller provides implementation services
1. Schedule 1 - Software Products: Detailed list and description of software products covered
2. Schedule 2 - Territory and Exclusivity Details: Detailed description of territorial rights and any exclusivity provisions
3. Schedule 3 - Pricing and Commission Structure: Detailed pricing, discount levels, and commission calculations
4. Schedule 4 - Service Level Agreement: Technical support and service level specifications
5. Schedule 5 - End User License Agreement: Standard EULA to be used with end customers
6. Schedule 6 - Technical Requirements: Technical specifications and requirements for software distribution
7. Schedule 7 - Reporting Templates: Standard forms for sales and activity reporting
8. Schedule 8 - Marketing Guidelines: Brand usage and marketing requirements
9. Appendix A - Contact Details: Key contacts and escalation procedures
10. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and requirements
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